A tax deferred exchange is simply a method by
which a property owner trades one property for another without
having to pay any federal income taxes on the transaction. In an
ordinary sale transaction, the property owner is taxed on any gain
realized by the sale of the property. But in an exchange, the tax on
the transaction is deferred until some time in the future, usually
when the newly acquired property is sold.
These exchanges are sometimes called "tax free
exchanges" because the exchange transaction itself is not taxed.
Tax deferred exchanges are authorized by Section
1031 of the Internal Revenue Code. The requirements of Section 1031
and other sections must be carefully met, but when an exchange is
done properly, the tax on the transaction may be deferred.
In an exchange, a property owner simply disposes of one property and
acquires another property, rather than the sale of one property and
the purchase of another.
Today, a sale and a reinvestment in a replacement
property are converted into an exchange by means of an exchange
agreement and the services of a qualified intermediary-a fourth
party who helps to ensure that the exchange is structured properly.
The IRS' new regulations make exchanging easy, inexpensive, and
safe.
Internal Revenue Code (IRC) Section 1031 is one of
the last remaining tax loopholes. It is a powerful tool that allows
investors to exchange any investment property for any other
investment property. For your exchange to be valid, you must follow
specific IRS regulations.
Here is an abbreviated list of the regulations:
The properties being exchanged must be of like
kind. For example, you may exchange:
- a house for another house (or several houses)
- a house for commercial real
estate
- land for rental property
- a strip mall for an office
building
- any investment property for any
other investment property (as long as it is not occupied as your
primary residence)
You must identify and close on
your replacement property within a specific period of time
100% of the proceeds from your
current property must be held by a Qualified Intermediary and
applied toward your replacement property to get a full tax
deferral
Your replacement property
must be of equal or greater value to the property you have sold to
get a full tax deferral
Properties being exchanged
must be used for investment. Personal residences are not
exchangeable
Why use a 1031 exchange:
To defer your
capital gains tax
To diversify:
- Exchange one
property for a larger one
- Exchange one
property for several properties
- Increase
depreciation
To simplify:
- Exchange several
properties for fewer (or one) property
- Improve the
quality of your property
- Decrease
management responsibility
To relocate:
- Exchange for a
property closer to where you live
- Exchange to an
area with higher appreciation
Please consult
your tax advisor